Can a bad tenant really just get away with it?

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    #16
    Originally posted by Bumblebee2005 View Post
    Hello

    JamesKnight0, please can you expand on what you have recommmeded doing by paper as this may save me time and money.

    Thank you
    Go to your local county court and ask for some money claim forms. You just put both names and addresses in the box for 'Respondent'. (You can't do this online, as the system only accepts one name and address.)

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      #17
      OK so....

      Best thing to do to get the money is fill in a money claim form with both T & mothers names. Cost is £110. It is likely that "mother" won't pay either as we have spoken to her previously and she is not a nice character at all.

      So, if she does not pay in 14 days then I will have to enforce the order and get bailiffs in at a further cost of £110. These costs are added to the amount owed I hope? Enforcing the order will mean both T & mother will get a CCJ registered against their names.

      Is this right?

      If yes then I think I should first do a search to make sure mother has assets/job and not on benefits!

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        #18
        also you need to check that your guarantor agreement will stand up in court. Was it a deed? Was it witnessed? Did guarantor have sight of AST before signing etc etc
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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          #19
          Originally posted by Bumblebee2005 View Post
          OK so....

          Best thing to do to get the money is fill in a money claim form with both T & mothers names. Cost is £110. It is likely that "mother" won't pay either as we have spoken to her previously and she is not a nice character at all.

          So, if she does not pay in 14 days then I will have to enforce the order and get bailiffs in at a further cost of £110. These costs are added to the amount owed I hope? Enforcing the order will mean both T & mother will get a CCJ registered against their names.

          Is this right?

          If yes then I think I should first do a search to make sure mother has assets/job and not on benefits!
          It's not quite as easy as that. The court will send the claim form to the defendants giving them various options.
          They can, admit the whole claim, admit part of the claim, dispute the whole claim, or not reply at all. You only get an automatic judgement if they admit the whole claim or not reply.

          If they dispute the claim, the case will go for a hearing at their local court. I think you have to pay a further fee for this.

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            #20
            Originally posted by Bumblebee2005 View Post

            If yes then I think I should first do a search to make sure mother has assets/job and not on benefits!
            Er, didn't you do this before agreeing to accept her as a guarantor?

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              #21
              As you already have judgement against the student ex-tenant you can ask the court to register a CCJ after 28 days if the debt is not satisfied; that will sort him out for 6 years when trying to get credit, loans etc. It's worth doing so, as some other poor soul doesn't have some more of the same coming to them!

              You can pursue mummy through the SCC through MCOL as a debt as has been suggested and your AST, Deed of Guarantee, and the court's judgement against the tenant are your evidence.
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                #22
                can a CCJ be registered by the court even if you don't enforce? That is not what the court told me when I rang!
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  #23
                  Yes. If somebody owes money, and doesn't pay within 28 days after the court has awarded you the money, then you can ask for a CCJ to be registered; it's often the case the defendant has no money anyway but I always do my best to make matters awkward for these non-payers.
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                    #24
                    A section 8 money orde can not result in an automatic CCJ as the judge has no way of specifying the total amount - it is dependant on how long the tenant stays in situ. Therefore, as paul_f says, once the final amount can be calculated, it can be 'enforced' - ie the court can be notified so that the CCJ can be registered. I believe that 'enforced' has a different meaning in this case than enforcing the order - ie third party debt ordes, attachment of earmings etc.

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                      #25
                      Well so much for the Court helping out then! All they did was send me a booklet on Baliffs, 3rd party debt orders etc. I shall try to register it then and let you know how I get on! Do I just write to the Court?
                      Unshackled by the chains of idle vanity, A modest manatee, that's me

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                        #26
                        Wholly agree Westminster...forget the student pursue "mummy" much higher chance of success and much quicker plus, maybe, the bonus of an unhappy son beaten up my "mummy"!!. In reality the chances of recovering from student are remote and certainly not cost effective in terms of your time and energy.

                        Polite note to "mummy" to start with then "debt collectors" becuase even if you got a judgment against the student that does NOT mean you get the money there and then!!

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